A trial lawyer, Jim Maloney began his career in 1975 by trying personal injury and products cases for the Southern Pacific Railroad Co., the Texas Farm Bureau Insurance Companies, Bridgestone/Firestone and the Ford Motor Company.
Beginning with T. Boone Pickens and Mesa Petroleum Company in the early 1980’s, he has represented clients in many uninvited or hostile acquisition efforts involving publicly-traded companies. More recently, he has frequently been called upon to advise and to represent special committees in connection with majority/minority transactions and interested party transactions and he routinely defends individual, derivative and class action claims against business institutions and their directors related to public and private securities transactions. He continues to both prosecute and defend against hostile acquisition attempts and represents clients before the Securities and Exchange Commission and the Federal Trade Commission.
In addition, Jim has successfully tried a wide array of complex commercial disputes in a wide variety of industries, including matters related to contracts, taxation, estates, trusts, healthcare, antitrust, ERISA, non-competition agreements, tortious interference claims, employment-related issues, trademarks and trade secret disputes, and executive compensation.
In his thirty years of practice, Jim has tried well over 100 cases to jury and bench verdicts across the Nation. He has disposed of hundreds more by motion or sheer force of will.
- Representation of a major international oil and gas exploration company in an arbitration and related litigation with an offshore drilling rig contractor regarding the termination for cause of an agreement for an offshore drilling rig and associated drilling services.
- Multiple representations of Special and Conflicts committees of boards of directors for publicly traded companies and master limited partnerships in Delaware and Texas.
The following represents experience prior to joining Andrews Kurth:
- Represented a multinational pharmaceutical company in connection with its acquisition of a global medical company specializing in eye care products in various state challenges thereto, in which all cases were consolidated in an MDL proceeding and then dismissed on motions to transfer venue.
- Defended the former directors of a publicly-traded, worldwide automotive consumer products company in a class action suit over the sale of the company alleging breach of fiduciary duties, which resulted in a jury verdict for the defendant directors, the jury finding no breach of fiduciary duties and zero damages.
- Defended a major international oil company in a wrongful termination/FCPA whistleblower jury trial, which resulted in a verdict for the defense.
- Obtained summary judgment (state court) and dismissals with prejudice (federal court) of multiple putative class actions against major online dating service.
- Represented a committee of independent directors of an independent oil and gas producer and operator in a trial of majority/minority takeover by an international vertically integrated oil company, in which the committee was dismissed upon the conclusion of the trial.
- Defended a domestic energy delivery company and its benefits committee in an ERISA class action alleging breach of fiduciary duty and imprudent investment in connection with its offering a company stock fund as a 401(k) option to employees, which resulted in a summary judgment, affirmed by the Fifth Circuit, for the defense.
- Represented a publicly-traded, worldwide automotive consumer products company in multiple matters, including securities claims, derivative actions, challenges to acquisitions/divestitures and Lanham Act cases.
- Represented a mining company in its C$4 to C$5 billion sale and multiple challenges thereto in Texas and Arkansas state and federal courts.
- Represented a major electricity provider in multiple securities and derivative actions.
- Represented a cable television provider in an antitrust suit over an acquisition.
- Represented a chemical company in various securities matters, commercial disputes and trade secret litigation.
- Represented a major chemical company in various commercial matters.
- Represented a corporate operator of hospitals and health systems in qui tamactions, tax disputes and other commercial litigation.
- Represented multiple energy companies, financial companies and special committees in securities and shareholder class actions.
- Represented multiple energy companies in ERISA class actions.
- US Supreme Court
- US Court of Appeals for the Second Circuit
- US Court of Appeals for the Third Circuit
- US Court of Appeals for the Fifth Circuit
- US Court of Appeals for the Ninth Circuit
- US Court of Appeals for the District of Columbia
- US District Courts for the Eastern, Northern, Southern and Western Districts of Texas